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International Conventions from 1919 onwards,

Laws which these conventions lead to

Paris Convention 1919

• The technical developments in aviation arising out of World


War. A special Aeronautical Commission, which had its origin
in the Inter-Allied Aviation Committee created in 1917, was
formed on 6 March 1919 under the auspices of the Peace
Conference. In seven months and using the groundwork laid
at the 1910 Paris Diplomatic Conference, this Aeronautical
Commission drew up a Convention Relating to the Regulation
of Aerial Navigation, which was signed by 27 States on 13
October 1919.

• Article 1 of the Convention Stated "The High Contracting


Parties recognise that every Power has complete and
exclusive sovereignty over the airspace above its territory."
Article 2 stated "Each contracting State undertakes in time
of peace to accord freedom of innocent passage above its
territory to the aircraft of the other contracting States,
provided that the conditions laid down in the present
Convention are observed.".

• Paris meeting discussed the commercial control and


regulation of air services, and various other social and
economic aspects of air transportation.

Thrust of Convention

 Exclusive Soverignity over the air space.

 Nationality of the Aircraft.

 Rules of Airworthiness to be universalized.


 Rights of the state to take measures for safety of its people.

Law which are Promulgated in India

 Aircraft Act 1934

 This Law is amended 18 times till date.

Warsaw (1929)

This Convention applies to all international carriage of persons,


luggage or goods performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft performed by an air
transport undertaking.

Purposes of this Convention the expression "international


carriage" means any carriage in which, according to the contract
made by the parties, the place of departure and the place of
destination, whether or not there be a break in the carriage or a
transhipment, are situated either within the territories of two High
Contracting Parties, or within the territory of a single High
Contracting Party, if there is an agreed stopping place within a
territory subject to the sovereignty, suzerainty, mandate or
authority of another Power, even though that Power is not a party
to this Convention. A carriage without such an agreed stopping
place between territories subject to the sovereignty, suzerainty,
mandate or authority of the same High Contracting Party is not
deemed to be international for the purposes of this Convention.

Thrust of convention

• Liability of the Air carrier to passengers and cargo.

Law which are Promulgated in India


• Indian Carriage by Air act 1972.

Chicago convention 1944

Near the end of World War II, the nature of the postwar airline
industry began to concern the Western Allies. At the Chicago
Convention on International Civil Aviation held in November–
December, 1944, the United States advocated an “open skies”
policy. Strongly opposed was Britain, which argued that freedom
of the skies actually had five expressions.

Thrust of convention

• In this convention there was nine freedom of air introduced .


• The establishment of ICAO by this convention.

Law which are Promulgated in India

• Practices recommended notified by central government in


form of Rules.

Tokyo convention 1963

(September 14, 1963) Formally called the Convention on


Offenses and Certain Other Acts Committed on Board Aircraft.
This Convention is concerned with insuring that when an offense
has been committed onboard an aircraft, at least one state - that
in which the aircraft is registered - will take jurisdiction over the
suspected offender. The Convention also contains provisions
relating to powers of the aircraft commander, duties of states,
and extradition in the event of an offense. The United States
deposited its instrument of ratification for the Tokyo Convention
on September 5, 1969.

Thrust of convention

• It is concerned with the convention for offences committed


on Board Aircraft.

• Tokyo convention Act 1975.


Hague Convention 1970

The Hague Convention on Taking Evidence Abroad in Civil or


Commercial Matters governs discovery in United States litigation
to some extent when a party or third party to the suit is a foreign
entity. This Convention purports to resolve differences between
liberal United States discovery rules and the more restrictive rules
of foreign nations. The Hague Convention on Evidence also
proposes to codify the manner and means by which depositions
on notice and commission may be taken before consuls and court
appointed commissioners. Other purposes include providing a
means for securing evidence for the court where the action is
pending and preserving favorable, less restrictive discovery
practices when those are delineated in the laws, rules and
procedures of individual countries or international treaties and
conventions.

Thrust of convention

• It is related to Unlawful seizer

• It is related to convention for supperession of unlawful seizer


of Aircrafts

• It leads to anti hijacking Act 1982.

Montreal Convention 1971


Montreal, September 23, 1971) Formally called the Convention for
the Suppression of Unlawful Acts against the Safety of Civil
Aviation. The Sabotage Convention goes beyond the Hijacking
Convention by containing separate definitions of what constitutes
an offense onboard aircraft, and specifying when that aircraft is
“in service.” The Sabotage Convention places additional
international legal obligations on states to act against a wider
range of offenses involving aircraft. The United States ratified the
Sabotage Convention on Nov. 1, 1972. On Feb. 24, 1988, an ICAO
conference opened for signature a Protocol to amend the Montreal
Convention of 1971. The Protocol provides for suppression of
unlawful acts of violence at airports serving international civil
aviation. A signatory to the Protocol, which finds an alleged
perpetrator on its territory, must either take that person into
custody for the purpose of prosecution, or proceed with
extradition

Thrust of convention

• It is related to suppression of unlawful Acts against safety of


Civil Aviation Act 1982.

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